HUD's May 2026 ESA Change: What Renters Should Know

Updated October 2026

On May 22, 2026, HUD changed how it handles emotional support animal housing complaints under the Fair Housing Act. This guide explains, in plain language, what the memo says, what it does not say, and how it compares with the rules for trained psychiatric service dogs. It also covers Florida's own ESA law.

This page is general information, not legal advice. For your own situation, talk to a lawyer or a local fair housing organization.

What the memo is

The document is a memorandum from Craig W. Trainor, HUD's Assistant Secretary for Fair Housing and Equal Opportunity (FHEO). It is dated May 22, 2026, and titled "Enforcement Guidance – Assessing Requests for the Use of an Animal as a Reasonable Accommodation Under the Fair Housing Act." People often call it the "Trainor memo."

It is addressed to FHEO staff. It sets out how HUD's own fair housing office will handle complaints. Its key points:

  • New enforcement standard. The memo says: "Effective immediately, for complaints related to animal-related reasonable accommodations, FHEO will find reasonable cause and recommend charges only for those cases involving animals trained to provide disability-related assistance."
  • Old guidance rescinded. The memo "permanently" rescinds FHEO's January 28, 2020 notice on assistance animals (FHEO-2020-01). It notes that the 2020 notice and the earlier 2013 notice (FHEO-2013-01) were both rescinded on September 17, 2025, and says the memo "reconfirms those recissions."
  • ADA definition used as the guide. The memo says the ADA's service animal rules are "instructive." Under the ADA, a service animal is one "individually trained to do work or perform tasks" for a person with a disability, including a psychiatric disability.
  • Limited scope. The memo says it "does not address" how HUD will process complaints under Section 504 of the Rehabilitation Act or the ADA.

What it means for emotional support animals

Most ESAs are not trained to perform specific tasks. Their help comes from their presence. Under the memo, HUD's fair housing office will not find cause or recommend charges in complaints about untrained animals.

Some things the memo does not do, as Texas's housing agency (TDHCA) points out in its July 2026 FAQ:

  • It does not change the Fair Housing Act itself or any regulation. TDHCA writes that the guidance "does not alter any current rules or statute."
  • It does not say outright that ESAs are unprotected. It changes the standard HUD uses to decide whether a complaint has cause.
  • It does not address Section 504 or the ADA. Housing that gets federal money may still have to follow Section 504.

State and local laws can also give renters more protection than federal enforcement does. Rules vary by place, so check the law where you live.

What it means for psychiatric service dogs

A psychiatric service dog is trained to perform tasks tied to a person's mental health disability. Under the memo, requests involving animals "trained to provide disability-related assistance" are still the ones HUD will pursue. The memo's list of common task examples from the ADA rules includes "helping persons with psychiatric and neurological disabilities."

TDHCA's FAQ suggests that, at lease renewal, a property may give a household with an ESA a chance to show the animal has been trained to help with the person's specific disability. If that is documented, TDHCA treats the animal as a trained assistance animal, not an untrained ESA. That is TDHCA's advice for its own monitored properties, not a nationwide rule.

Florida notes: Fla. Stat. 760.27

Florida has its own ESA housing law, section 760.27, Florida Statutes. In the 2026 statutes:

  • It defines an emotional support animal as one that "does not require training" to provide help or "therapeutic emotional support by virtue of its presence."
  • It applies "to the extent required by federal law, rule, or regulation." So federal changes can matter for how it works in practice.
  • If your disability is not readily apparent, a housing provider may ask for reliable supporting information. One kind is information from a health care practitioner or telehealth provider as defined in Florida law. It can also come from a similarly licensed practitioner in good standing in another state, "but only if such out-of-state practitioner has provided in-person care or services to the tenant on at least one occasion."
  • For any practitioner or provider, in-state or out-of-state, that information counts as reliable "if the practitioner or provider has personal knowledge of the person's disability and is acting within the scope of his or her practice." The in-person visit requirement applies only to out-of-state practitioners.
  • A provider may deny a request if the animal poses a direct threat to others' health or safety, or to others' property, and that threat can't be reduced by another accommodation.

In short, in Florida every provider needs personal knowledge of your disability and must act within their scope of practice. Only an out-of-state practitioner also needs at least one in-person visit with you.

What renters can do now

  • Know which kind of animal you have. Is it an untrained ESA or a task-trained service dog? The answer now affects how HUD handles a complaint.
  • Check your housing type. Federally funded housing may also be covered by Section 504, which the memo does not address.
  • Check your state and city. Local laws may differ from federal enforcement.
  • Use a real clinician. If you look for documentation, a licensed clinician should evaluate you. A letter should be issued only if you qualify. Petcerts works this way, and no outcome with any landlord is promised.
  • Get help if you're denied. A local fair housing organization or a lawyer can explain your options. TDHCA's FAQ notes that the memo does not alter a person's right to seek redress through a private action in court.

FAQ

What is the HUD Trainor memo? It is a May 22, 2026 memorandum from Craig W. Trainor, HUD's Assistant Secretary for Fair Housing and Equal Opportunity, titled "Enforcement Guidance – Assessing Requests for the Use of an Animal as a Reasonable Accommodation Under the Fair Housing Act."

Did the memo change the Fair Housing Act? No. It changes how HUD's fair housing office handles complaints. HUD will find cause and recommend charges only in cases involving animals trained to provide disability-related assistance. TDHCA notes that it does not alter any statute or rule.

What guidance did the memo rescind? It permanently rescinds FHEO's January 28, 2020 assistance animal notice. It also reconfirms that the 2020 and 2013 notices were rescinded on September 17, 2025.

Does the memo cover Section 504 or the ADA? No. The memo says it does not address how HUD will process complaints under Section 504 or the ADA.

What does Florida's 760.27 say about ESA documentation? Information from a practitioner counts as reliable if the practitioner has personal knowledge of your disability and is acting within their scope of practice. An out-of-state practitioner must have provided in-person care to you at least once.

Sources

Related: ESA letter · PSD letter · Florida ESA housing guide

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